SS Kresge Company v. Kicklighter

Deen, Presiding Judge.

1. Under Code Ann. § 13-9933, in a bad check prosecution intent to defraud is prima facie established by proof that at the time the check was uttered or delivered there were insufficient funds in the depository to cover it. However, the conclusive presumption that one who arrests and prosecutes the drawer of such check is acting with probable cause, where a civil action for malicious prosecution is thereafter instituted, appears only where the payee gives the maker a prior ten-day notice that the check has been refused, and such notice must be by mail and "must be…